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HomeMy WebLinkAbout20113086.tiff RECORD OF PROCEEDINGS MINUTES BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DECEMBER 5, 2011 The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration Building, Greeley, Colorado, December 5, 2011, at the hour of 9:00 a.m. ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were present, constituting a quorum of the members thereof: Commissioner Barbara Kirkmeyer, Chair Commissioner Sean P. Conway, Pro-Tem Commissioner William F. Garcia Commissioner David E. Long Commissioner Douglas Rademacher Also present: County Attorney, Bruce T. Barker Acting Clerk to the Board, Esther Gesick Director of Finance and Administration, Monica Mika MINUTES: Commissioner Long moved to approve the minutes of the Board of County Commissioners meeting of November 28, 2011, as printed. Commissioner Conway seconded the motion, and it carried unanimously. READ ORDINANCE BY TAPE: Commissioner Rademacher moved to read Code Ordinance #2011-12 by tape. Commissioner Garcia seconded the motion, which carried unanimously. AMENDMENTS TO AGENDA: There were no amendments to the agenda. PUBLIC INPUT: Doug Meyer, County resident, submitted and read a copy of an article titled, "Senate Moves to Allow Military to Intern Americans Without Trial,"marked Exhibit A. CONSENT AGENDA: Commissioner Rademacher moved to approve the Consent Agenda as printed. Commissioner Conway seconded the motion, and it carried unanimously. PRESENTATIONS: RECOGNITION OF SERVICES, DEPARTMENT OF PUBLIC WORKS - SAM SANDOVAL: Chair Kirkmeyer read the certificate recognizing Sam Sandoval for 23 years of service with the Department of Public Works. Mr. Sandoval was recognized as being very meticulous, knowledgeable, and helpful to the rest of the maintenance support crew. The Board members each commended him for doing the job right, earning the respect of his peers, and providing exemplary service to the citizens of Weld County through his dedication, and they wished him the best of luck in his future plans. Mr. Sandoval stated he has enjoyed working for the County, he has had the pleasure of working with good supervisors, foremen, and co-workers, and he expressed his thanks for the opportunity. Minutes, December 5, 2011 2011-3086 `, G� a Page 1 BC0016 BIDS: PRESENT BID #B1100149, MEDIATION SERVICES - DEPARTMENT OF HUMAN SERVICES: Monica Mika, Director of Finance and Administration, presented the sole bid and stated since there is only one vendor, staff will schedule a work session to discuss the matter prior to the approval date on December 19, 2011. NEW BUSINESS: CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - A AND G CONCEPTS, DBA BEARS SPORTS SALOON: Lisa Carpenter, Sheriff's Office, stated the inspection found no issues of concern, and Mr. Yatabe agreed the documentation appears to be in order. Commissioner Rademacher moved to approve said renewal application and authorize the Chair to sign. Commissioner Garcia seconded the motion, which carried unanimously. CONSIDER RENEWAL APPLICATION FOR HOTEL AND RESTAURANT LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - LUZ ESTELA TARIN, DBA TAQUERIA RANCHO ALEGRE: Ms. Carpenter indicated she had no concerns with the request and Mr. Yatabe agreed. Commissioner Rademacher moved to approve said renewal application and authorize the Chair to sign. The motion was seconded by Commissioner Conway, and it carried unanimously. CONSIDER RENEWAL APPLICATION FOR TAVERN LIQUOR LICENSE AND AUTHORIZE CHAIR TO SIGN - EL CENTENARIO NIGHT CLUB, DBA EL CENTENARIO NIGHT CLUB: Ms. Carpenter stated Deputy Jeremy Frey inspected the premises and found the Retail Food Establishment License was not posted; however, the applicant has since posted a current license and they recommend approval. Mr. Yatabe stated there is also an issue with an undersized septic system; however, the applicant is working with the Department of Public Health and Environment, and at this time it does not appear to be grounds for denial of the renewal application. Responding to Commissioner Conway, Mr. Yatabe confirmed the septic system is adequate for current conditions; however, it does need to be brought up to Code. Commissioner Garcia moved to approve said renewal application and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 17 BETWEEN CRS 104 AND 110: Janet Carter, Department of Public Works, requested approval of a temporary closure from December 5, through December 30, 2001, to install two culverts. She stated the average daily traffic count on County Road 17, taken in 2010, was approximately 257 vehicles, and staff will use message boards in advance of the closure, as well as standard road signs and barricades for traffic control. Commissioner Rademacher moved to approve said temporary closure. Commissioner Conway seconded the motion, and it carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 26 BETWEEN U.S. HWY 85 AND CR 31: Ms. Carter requested approval of a temporary closure from December 12, through December 30, 2011, for a bridge replacement and road alignment. She stated the average daily traffic count on County Road 26, taken in 2008, was approximately 81 vehicles, and staff will use message boards in advance of the closure, in addition to standard road signs and barricades for traffic control. Commissioner Conway moved to approve said temporary closure. Commissioner Long seconded the motion, and it carried unanimously. CONSIDER TEMPORARY CLOSURE OF CR 81 BETWEEN CR 10 AND HWY 52: Ms. Carter requested approval of a temporary closure from December 12, through December 16, 2011, for a culvert replacement. She stated due to the rural location, there is no current traffic count; however, staff will use standard road signs and barricades for traffic control and will apply water for dust control. Minutes, December 5, 2011 2011-3086 Page 2 BC0016 Commissioner Conway moved to approve said temporary closure. Commissioner Long seconded the motion, and it carried unanimously. CONSIDER AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO CR 6 AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS - DONALD AND SUZANNE RITTENHOUSE: Leon Sievers, Department of Public Works, stated this is the only property acquisition involved with the Bridge 6/25 Rehab project. He stated this agreement will purchase 0.07 acres, in the amount of $700.00, as well as 0.26 acres, in the amount of $300.00, for a Temporary Construction Easement, for a total of $1,000.00, and he indicated the project has also been approved by the Colorado Department of Transportation (CDOT). In response to Commissioner Rademacher, Mr. Sievers explained the alignment is necessary because the current bridge is not totally within County right-of-way. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign necessary documents. The motion, which was seconded by Commissioner Conway, carried unanimously. CONSIDER NONEXCLUSIVE LICENSE AGREEMENT FOR UPGRADE AND MAINTENANCE OF CR 94 AND AUTHORIZE CHAIR TO SIGN - CONTINENTAL RESOURCES, INC.: Don Carroll, Department of Public Works, gave a brief description of the location of the right-of-way and stated Continental Resources, Inc., will be accessing the site from County Road 94; 661 feet west of County Road 83. He further stated staff received no comments from surrounding property owners. In response to Commissioner Rademacher, Mr. Barker stated a Nonexclusive Agreement does not grant authority to prevent public use of the roadway. Commissioner Garcia moved to approve said agreement and authorize the Chair to sign. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE CHAIR TO SIGN: Ms. Mika stated under this agreement federal funds, in the amount of $6,820.00, will be transferred from the Drug Task Force to the Crime Lab for the purchase of equipment to further expand the lab. In response to Commissioners Conway and Rademacher, Ron Arndt, Crime Lab Director, explained the additional equipment is essential for the analysis of certain drugs. Commissioner Conway moved to approve said agreement and authorize the Chair to sign. The motion was seconded by Commissioner Garcia, and it carried unanimously. CONSIDER AGREEMENT FOR FASTER-TRANSIT GRANT AND AUTHORIZE CHAIR TO SIGN: Barbara Connolly, Controller, requested this matter be continued to Wednesday, December 7, 2011, following a work session scheduled for this afternoon to discuss the transportation program. Commissioner Conway moved to continue said agreement to December 7, 2011. Seconded by Commissioner Garcia, the motion carried unanimously. CONSIDER AGREEMENT FOR SECTION 5311 AND AUTHORIZE CHAIR TO SIGN: Ms. Connolly requested approval and signature of this agreement to authorize staff to submit for reimbursement; however, if the Board chooses not to proceed with the transportation program, then staff will not submit reimbursement requests. Chair Kirkmeyer expressed concern with signing the agreement and potentially having to deobligate the funds. Commissioner Rademacher moved to approve said agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Long, carried unanimously. CONSIDER APPLICATION FOR 2012 EMERGENCY MANAGEMENT PERFORMANCE PROGRAM GRANT AND AUTHORIZE CHAIR TO SIGN: Roy Rudisill, Office of Emergency Management, stated this application request is for $224,826.52 and the County is responsible for 50 percent, in the amount of $112,413.26. He indicated the last few years the grant has been awarded, in the amount of Minutes, December 5, 2011 2011-3086 Page 3 BC0016 $60,000.00, and he anticipates receiving the same again, which supports staff salaries and helps with community outreach. Commissioner Rademacher moved to approve said application and authorize the Chair to sign. Commissioner Long seconded the motion, and it carried unanimously. SECOND READING OF CODE ORDINANCE #2011-11, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE: Commissioner Rademacher moved to read Code Ordinance #2011-11 by title only. Commissioner Conway seconded the motion, which carried unanimously. Mr. Barker read said title for the record. Ms. Carter stated the proposed modification is an update of current practices during a snow event. No public testimony was offered concerning this matter. Commissioner Conway moved to approve Code Ordinance #2011-11 on second reading. Commissioner Garcia seconded the motion, and it carried unanimously. FIRST READING OF CODE ORDINANCE #2011-12, IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 5 REVENUE AND FINANCE, OF THE WELD COUNTY CODE: Mr. Barker confirmed the Ordinance has been read by tape. Steve Moreno, Clerk and Recorder, stated the portion relating to his office does include some changes to meet statutory requirements and updates fees to reflect current practices. Chair Kirkmeyer confirmed the Ordinance also includes changes to the General Government fees, Land Use Application fees, and the Required Bid Amount appendix, as attached. Commissioner Rademacher moved to approve Code Ordinance #2011-12 on first reading. Commissioner Conway seconded the motion, and it carried unanimously. HEALTH NEW BUSINESS: CONSIDER SUSPENSION/REVOCATION OF COLORADO RETAIL FOOD ESTABLISHMENT LICENSE - LA MARAVILLA: Dan Joseph, Department of Public Health and Environment, stated the Liquor License was renewed on March 28, 2011, and the applicant has a record of coming into compliance with the drinking water regulations and submission of records only when presented with a notice of suspension/revocation. Mr. Joseph displayed a PowerPoint presentation, which he reviewed for the record, and he recommended suspension or revocation of Retail Food Establishment License until the facility is in compliance. Mark Thomas, Department of Public Health and Environment, stated technically the water monitoring system is under the jurisdiction of the State; however, staff has letters from the State indicating boiling water does not help because as the water evaporates the nitrates remain. Ruben Rodriquez, property owner, stated there was only one week when the system was not monitored because he was unable to pay the engineer $1,600.00 for his services. Mr. Rodriguez stated he is also negotiating an Annexation Agreement with the City of Fort Lupton which would bring public water and sewer to the site; however, he will retain the engineer to monitor the water system until public water is available. He confirmed bottled water is used for drinking and food preparation, and the bathroom sinks are posted with signs indicating the water is unsafe to drink. He further stated he has not been using the water since the hearing last March, rather, they serve canned pop and purchase ice for drinks. Responding to Chair Kirkmeyer, Mr. Rodriguez stated there is a water line up to County Road 14.5. In response to Commissioner Rademacher, Mr. Joseph indicated the State inspector discussed the operator's failure to provide documentation of test reports. Mr. Thomas stated posting signage at the bathroom sinks does not bring the site into compliance. Responding to Commissioner Rademacher, Mr. Joseph stated staff recommends a two-week suspension until the State engineer reviews the paperwork and design of the system to issue approval for the system that is to be installed. In response to Chair Kirkmeyer, Russ Brown, Engineer, confirmed he stopped processing the paperwork until Mr. Rodriquez was able to pay for his services. He also explained the nitrate levels are just slightly higher than the maximum contaminant level, the current system needs to be modified to comply with current regulations, and he estimated the work can be done within 60 days. Responding to Commissioner Rademacher, Mr. Brown stated Mr. Rodriguez still needs to install the nitrate removal system; however, all of the other components are in place. Mr. Rodriguez stated he discussed Minutes, December 5, 2011 2011-3086 Page 4 BC0016 annexation to the City of Fort Lupton in July; however, it is a slow process due to all of the property owners involved. In response to Chair Kirkmeyer and Commissioner Conway, Mr. Rodriguez stated he does have the necessary funds to pay the water engineer, and there is a one-year service contract which he intends to renew in March, 2012, until the annexation is complete. Responding to Commissioner Rademacher, Mr. Joseph stated the nitrate removal system will resolve the violation, upon approval by the State. Commissioner Conway proposed continuing the matter for ninety (90) days. Chair Kirkmeyer stated she will only support a two-week continuance. Commissioner Garcia stated he favors suspending the license; however, he realizes this is an opportunity to improve the system. Commissioner Rademacher moved to continue the matter to December 19, 2011, to allow the property owner adequate time to finalize and submit the necessary paperwork to authorize installation of the nitrate removal system. Commissioner Garcia seconded the motion, which carried unanimously. PLANNING NEW BUSINESS: CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1696 - MANUEL AND ANITA BALDERAS: Michelle Martin, Department of Planning Services, stated USR #1696 was approved on July 22, 2009, and staff sent three letters and met with the applicants on September 8, 2011, to review the outstanding items for completion. Heidi Hansen, Department of Public Works, indicated an executed Improvements Agreement and some changes noted on the plat will satisfy the Department's requirements. In response to Commissioners Rademacher and Garcia, Ms. Martin stated the applicants indicated they intend to complete the conditions, and the proposed activities are already taking place on the property. Chair Kirkmeyer confirmed the applicants were not present to speak. Commissioner Rademacher moved to continue the matter for 30 days to January 9, 2011, to allow the applicants additional time to meet all of the conditions/requirements of approval and record the plat. Commissioner Garcia seconded the motion, which carried unanimously. CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1628 - OGILVY IRRIGATING AND LAND COMPANY, C/O TARH E AND P HOLDINGS, L.P., AND TEXAS AMERICAN RESOURCES COMPANY: Mr. Gathman stated USR-1628 was approved in March, 2008, and he reviewed the outstanding items which need to be completed prior to recording the plat. He explained the original applicant was purchased by another company and they are requesting a 30-day continuance to review the file and finalize the requirements. Chair Kirkmeyer confirmed the applicant was not present to speak. Commissioner Garcia moved to continue the matter to January 9, 2011, to allow the current applicant adequate time to review and meet all of the conditions/requirements of approval and record the plat. Seconded by Commissioner Rademacher, the motion carried unanimously. CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1580 - JUSTIN AND ANDREA DAVIS: Mr. Gathman stated USR-1580 was approved in March, 2007. He stated staff has made several attempts to contact the applicant by certified mail; however, the receipt cards were signed by parties different than the applicant. He also attempted to call; however, the phone line was disconnected. Mr. Gathman recommended continuing the matter for 30 days to allow staff adequate time to post a sign and try to verify whether the applicant is still in control of the property. He noted the USR application was initially submitted to correct a building violation. Chair Kirkmeyer confirmed the applicant was not present to comment. Commissioner Long moved to continue the matter to January 9, 2011, to allow staff adequate time to post a notification sign on the property and attempt to contact the applicant. Commissioner Rademacher seconded the motion, which carried unanimously. CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1524 — CARMEN AND BART BECK: Kim Ogle, Department of Planning Services, stated USR-1524 was approved on November 23, 2005, and he reviewed the outstanding requirements for the record. Mr. Ogle stated the applicants did submit a letter, dated August 30, 2011, expressing their intent to complete the Minutes, December 5, 2011 2011-3086 Page 5 BC0016 outstanding items; however, staff has had no further contact with them since that time. Chair Kirkmeyer confirmed the applicants were not in attendance. Mr. Ogle confirmed he does have evidence that they did receive three certified letters regarding this matter. Mr. Barker stated there is also the option of scheduling a Final Hearing to Rescind the Permit, which may prompt the applicants to take this matter seriously. In response to Commissioner Conway, Mr. Ogle indicated the applicants have been operating for the past six years with an undersized septic system. Commissioner Garcia stated the letter in August requested an extension to January 9; however, he is willing to grant a 30-day continuance, and the Board agreed to allow adequate time to complete the review of the septic system. Commissioner Garcia moved to set a Final hearing for January 23, 2012, at 9:00 a.m., with direction to complete the septic review and submit the plat for recording. Commissioner Rademacher seconded the motion, which carried unanimously. (Clerk's Note: Chair Kirkmeyer was excused from the meeting and Commissioner Conway is now serving as Chair Pro-Tern) CONSIDER INITIAL HEARING CONCERNING RESCINDING USR PERMIT #1668 - PETER AND HEATHER VALCONESI: Mr. Ogle stated USR-1668 was approved on October 29, 2008, and he has received various letters and e-mails from the applicants and their representative indicating they intend to complete the outstanding items. Peter Valconesi, applicant, confirmed the delay has been a result of financial setbacks with their lender; however, they intend to have everything completed by Summer, 2012. Mr. Ogle reviewed all of the Conditions which are outstanding for the record. In response to Commissioners Conway and Garcia, Mr. Valconesi stated they have completed the loan application for submittal to the bank and are waiting upon approval, and the business was established in 2002; however, he is currently renting space in Loveland; he is not operating from the subject site. Responding to Commissioner Garcia, Mr. Ogle confirmed the applicants need a viable financial assurance before commencing with some of the projects that require hiring an engineer and review by the state, and a six-month continuance would be appropriate. Commissioner Long suggested referring the matter back to staff. Commissioners Rademacher and Garcia agreed, with direction that if limited or no progress is made within the next three months, staff may bring the matter back before the Board for further action. Chair Pro-Tem Conway agreed, with the understanding that there is to be no manufacturing occurring at the site and the applicants need to communicate with staff to keep the overall process moving forward. Commissioner Rademacher moved to refer the matter back to staff, with instruction to bring the case back before the Board if progress is not being made. Commissioner Long seconded the motion, which carried unanimously. RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the Consent Agenda. Code Ordinance #2011-11 was approved on second reading, as proposed, and Code Ordinance #2011-12 was approved on first reading, as proposed. Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by the Acting Clerk to the Board. Minutes, December 5, 2011 2011-3086 Page 6 BC0016 There being no further business, this meeting was adjourned at 10:30 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLO DO ATTEST. e ' %a i 1-- arbara Kirkmeyer, hair / Weld County Clerk to the Board / • Sean P. C ay, Pro-Tem BY: % ,(9'✓w itt-A It,4 Deputy Clekk to the Board Q William a i : i i ,,AN. C Xpl 0 - � David E. Long ur eV" r Rp / ou s Rademacher Minutes, December 5, 2011 2011-3086 Page 7 BC0016 Print Page 1 of 2 Subject Senate Moves to allow Military to Intern Americans 6. From: Brian Britton (brianb@timberwoolfe.com) To: 101= c"C",�{�., iA Date: Monday, November 28, 2011 8:38 AM Proof that we live in perilous times. Senate Moves To Allow Military To Intern Americans Without Trial NDAA detention provision would turn America into a"battlefield" " Paul Joseph Watson Infowars.com Monday,November 28,2011 The Senate is set to vote on a bill today that would define the whole of the United States as a"battlefield"and allow the U.S. r ' - Military to arrest American citizens in their own back yard without charge or trial. "The Senate is going to vote on whether Congress will give this . ` president—and every future president—the power to order the p military to pick up and imprison without charge or trial civilians anywhere in the world.The power is so broad that g even U.S.citizens could be swept up by the military and the military could be used far from any battlefield,even within the United States itself,"writes Chris Anders of the ACLU 4 Washineton Legislative Office. .46 Under the`worldwide indefinite detention without charge or ^" trial'provision of S.1867,the National Defense Authorization Act bill which is set to be up for a vote on the Senate floor this week,the legislation will"basically say in law for the first time L.- that the homeland is part of the battlefield,"said Sen.Lindsey r Ymr x � Graham(R-S.C.),who supports the bill. k The bill was drafted in secret by Senators Carl Levin(D-Mich.) } and John McCain(R-Ariz.),before being passed in a closed- door committee meeting without any kind of hearing.The language appears in sections 1031 and 1032 of the NDAA bill. t "I would also point out that these provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect,"Colorado Senator Mark Udall said in a speech last week.One section of these provisions, section 1031,would be interpreted as allowing the military to capture and indefinitely detain American citizens on U.S.soil. Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S.military to perform law enforcement functions on American soil.That alone should alarm my colleagues on both sides of the aisle,but there are other problems with these provisions that must be resolved." Print Page 2 0. This means Americans could be declared domestic terrorists and thrown S R ADVEERTIEMENT S in a military brig with no recourse whatsoever.Given that the Departmen EEKof Homeland Security has characterized behavior such as buying gold, owning guns,using a watch or binoculars,donating to charity,using the telephone or email to find information,using cash,and all manner of G E T F o o D SAVE G C N O w mundane behaviors as potential indicators of domestic terrorism,such a Y provision would be wide open to abuse. 300/0 "American citizens and people picked up on American or Canadian or FROM EFOODSDIRECT OFF EVERYTHING British streets being sent to military prisons indefinitely without even being charged with a crime.Really?Does anyone think this is a good idea SAVENOW And why now?"asks Anders. NOW The ACLU is urging citizens to call their Senator and demand that the Udall Amendment be added to the bill,a change that would at least aci as a check to prevent Americans being snatched off the streets without some form of Congressional oversight. We have been warning for over a decade that Americans would become the target of laws supposedly aimed at terrorists and enemy combatants.Alex Jones personally documented how L.S.troops were being trained to arrest U.S.citizens in the event of martial law during urban warfare training drills back in the 9o's.Under the the National Defense Authorization Act bill,no declaration of martial law is necessary since Americans would now be subject to the same treatment as suspected insurgents in places like Afghanistan and Iraq. If you thought that the executive assassination of American citizens abroad was bad enough,now similar powers will be extended to the "homeland,"in other words,your town,your community,your back yard. ********************* Paul Joseph Watson is the editor and writer for Prison Planet.com.He is the author of Order Out Of Chaos. Watson is also a regular fill-in host for The Alex Jones Show. Hello